The Department of Homeland Security stated that it did not publicly disclose the death of Jose Chajon-Raxon, a Guatemalan national held at Delaney Hall immigration detention center in Newark, New Jersey, because he was no longer in ICE custody when he died. According to DHS, Chajon-Raxon experienced a seizure on July 19, one day after being processed into the facility, and was transferred to a hospital on that date. The agency said he was released from ICE custody on July 22, and officials contended that they were not notified of his subsequent death.
DHS cited a policy change announced earlier in the year that exempts the agency from reporting deaths occurring within 30 days of someone’s release from custody. The department stated that “per ICE policy, when an individual is no longer in ICE custody then ICE will no longer be responsible for monitoring or reviewing deaths that may occur.” This policy rescinded a 2021 directive implemented by the previous administration that required broader death reporting.
U.S. Rep. Rob Menendez, a New Jersey Democrat, criticized the policy shift as creating a “loophole” that allows the agency to release individuals from custody and then disclaim responsibility for investigating subsequent deaths or informing Congress and the public. Menendez disclosed Chajon-Raxon’s death publicly last week following another detainee death in early August. He characterized the policy as consistent with what he described as the current administration’s approach to avoiding public scrutiny.
DHS responded by stating that ICE “remains committed to transparency regarding detainee deaths.” The disclosure of Chajon-Raxon’s death comes amid heightened attention to conditions at Delaney Hall, where immigration advocates have conducted protests in recent months. The facility is operated by Geo Group, a private prison contractor.
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